THE KANSAS QUESTION. 



F 685 
■ G48 



S P E E C H 

OF 



HOW. JOHIV A. GILMER, 



OF NORTH CAROLINi 



y^v 



Delivered in the House of Representatives, on the 30th of Maapehj^lBfiS. 



Mr. Chairman, I have been an attentive listener 
to the arguments on this Lecompton question for 
three months. Whilst some of the speeches have 
been calm and considerate, I feel constrained to 
say that, by far, the larger number have been vio- 
lent and extremely sectional, tending directly to 
weaken the respect, which the North and the 
South should have for each other, and which is 
essential to the safety of the Union itself. I have 
heard and read speeches delivered both in this 
House, and in the other end of this Capitol, by 
gentlemen from the North and from the South, 
the true spirit and meaning of which is disunion. 

True, most, if not all, profess to love the Union 
and the Constitution. Their speeches are filled 
with expressions of high veneration for the Con- 
stitution of our fathers. They indulge in patriotic 
strains. Their addresses are robed in the most 
beautiful habiliments, overflowing with profes- 
sions and assurances most imposing. The spirit 
of disunion is, however, the core. It is pre- 
sented, and perusal and handling secured, as 
you would an asp, in a casket of beautiful flowers. 
The design is evidently to infuse the poisonous 
spirit of disunion — where, for it, there could be 
no reception, were proper labels attached. Pro- 
fessions of patriotism are uttered in loud and elo- 
quent tones, for peace and harmony, whilst the 
evident drift is to exasperate and make wider the 
breach. 

With pain and regret am I forced to the belief, 
there are gentlemen on this floor, who, while they 
oppose the admission of Kansas with the Lecomp- 
ton Constitution, do really desire the bill to pass 
for the sake of certain consequences, disastrous 
to the peace and harmony of the country, which 
they expect to grow out of it. 

On the other hand, I fear that among other 
gentlemen, advocating this measure, there are 
some, whose regret is, that the Lecompton Con- 
stitution and the manner of securing its presenta- 
tion here, were not more odious to the people of 
Kansas and the free States, so that their ultimate 
object might be the sooner secured by a bloody 



conflict of Northern and Southern arms on the 
plains of Kansas, and, in case of a failure in this, 
such bitter sectional excitement, shall certainly 
ensue, as to produce a fusion of all political par- 
ties in the free States, combined as a purely sec- 
tional party, against a similar fusion of all parties 
in the slave States, by which disunion is made 
certain in the end. These speeches I will not 
particularize. They have unfortunately gone forth 
to the country — those of the North to be read 
in the South, that they there may have samp^ies 
of how Northern people hate and despise South- 
ern men; and those of the South to be read in the 
North, that they may know how they are scorned 
and detested by the citizens of the South. 

The designs and purposes of both sides, it ia 
to be feared, are the same — to arouse, drill, and 
prepare for strife the minds of a great peopla 
now happy, with bright prospects for the future, 
and who, by their united energies, in advancing 
the industrial and literary interests of the whole 
country, are doing much more for the true happi- 
ness and prosperity of us all. 

Without intending to be offensive or personal, 
I must be permitted to say, I envy not the man 
who can look on our country as it is, and 
with composure anticipate its condition, when 
severed and divided. The man who can contem- 
plate that terrible day, when, by reason of civil 
war, our beautiful and growing cities, towns, and 
villages, shall be consumed by fire — our manufac- 
tories razed to the ground — our commerce broken 
up — our lovely fields and gardens made the for- 
aging grounds of ribaldrous soldiery — all interna- 
tional trade and communication cut off — all muni- 
cipal and family peace destroyed — our sons drag- 
ged from their homes — amid the sighs and teara 
of affectionate mothers and sisters, to the bloody 
fields of civil strife ; and all this growing out of a 
question as to how, when, or in what manner, forty 
thousand people ONLY, in Kansas, shall settle for 
themselves their own domestic affairs — or rather, 
how they shall soonest get clear of a few slaves — 
and get two " Free-Soil" Senators and one fippre- 



*> 



■'-.Ltative in Congres?. I say such a. man haa no 
feeling in common with we — and none, I trust, 
with the great body of the honest yeomanry of 
this country, of all sections. 

Wc have our trouble?, I admit. We have bad 
sectional troubles of a similar kind before. We 
have had, as now, disunion threatened, but thanks 
to the good sense of the people, they have never 
jpt inclined to take the prescriptions of those 
who boastingly decline to sing peans to the 
Union ! 

England, from whom we derive our nature and 
many of the free principles of which we boast, 
had hef troubles. She has had her dissensions — 
her White and Red roses — her land has been 
tinged with blood in civil strife — and once the 
head of her King was brought to the block — but 
her people were attached to their government 
and their Constitution. The storm passed away. 
The political atmosphere again became pure and 
healthl"iil; and the government was maintained 
and improved. And it is my honest conviction, 
that there is too much good sense in the people 
of these United States to be led away with the 
idea of disunion, on account of any difficulties 
growing out of this question, surrounded by such 
peculiar circumstances. I predict they will not — 
unless misled and deceived. But — figuratively 
spenking — they will bring to the block the politi- 
cal heads of all who shall insist on any such 
remedy for such complaint. 

Mr. Chairman, it is not to be disguised, that 
our Southern people are anxious about appear- 
ances for the future. They see the free States 
in number and in Representation, already in the 
majority in both Houses of Congress, and this 
majority soon to be largely increased ; that while 
the South falls into this minority, they have wit- 
nessed, for the last ievr years, among many people 
of the free States, an increasing spirit of bitter 
hostility to the South and her institutions. But 
let us like statesmen be calm, briefly trace the 
history of this thing, and inquire why it is. 
Though by the census, the, actual figures show 
that the natural increase of population in the 
slave States has been equal to the natural native 
increase of the free States, yet the free States 
have excelled us in the settlement of new Territo- 
ries and raising up new States. 

In the first place we of the Southern States 
have been, and now are, the advocates of free- 
trade, and many for direct taxes. We have op- 
posed the policy of discrimination in favor of our 
own domestic industry in the old States, in regu- 
lating and raising revenue, and no more than 
enough to defray the expenses of the Government 
economically administered. 

To this policy we have made in substance, suc- 
cessful opposition— ^^/tercJ?/ in a good degree cut- 
ting off much of the inducement, that would have 
retained the industrious and energetic population 
in the old States, who, in consequence, have moved 
to the Territories, there settled, made new and free 
States, and became producers instead of con- 
sumers of the earth's productions. 

In the second place, a majority of Southern 
pohticians have uniformly favored the policy of 
inviting, alluring, persuading, and in fact hiring 
emigrants — not only the citizens of the States, 



but of the whole world, to move and settle in our 
Territories. Homestead^, by way of pre-emptions, 
in the Territories, are offered to all the world. 
The language of the whole policy is in substance, 
"come ye all the Earth, and settle in our Territo- 
ries — here yon can become citizens, and without 
waiting to be naturalized, according to the laws of 
the Union, you can vote and hold olSce:" the 
result of which has been to run from the old 
Statf s, (slave and free) into the Territories, much 
of their population, and particularly that portion, 
though young, industrious, and worthy, who have, 
or take but little interest in the institutions of the 
South, — and besides, we find growing out of this, 
that hundreds of thousands of foreigners are 
flocking to us every year — that foreign paupers 
are by thousands and thousands being set upon 
our shores. In fact, I find from the best official 
statements, that the number of foreign emigrants 
that came to this country from June the 1st, 1850, 
to December Slst, 1851, was five hundred and 
fifty-eight thousand — for the year 1S52, three 
hundred and seventy-five thousand — for the year 
1853, three hundred and sixty-eight thousand — for 
the year 1854, nearly the same. The war in the 
East diminished the number, but I venture the pre- 
diction that between the years 1850 and 1860 there 
will have come to this country foreigners enough 
to place iu each of twenty new States more popu- 
lation than is now iu the Territority of Kansas. 
Tuese foreigners make their way mainly to the 
Territories, or crowd into the free States, occasion- 
ing increased emigration from them. 

These facts being undeniable, I submit, how 
important it is for our Southern politicians to 
turn their attention to them. While the people 
of the North were willing to dispense with and 
check this immense immigration among them, for 
reasons of a social character, to diminish their 
taxes, prosecutions and the inmates of their poor 
houses, jails and penitentiaries, I respectfully 
ask, why should not the South, to a man, for rea- 
sons as well understood as expressed, have joined 
in this great movement ? and if in the first move- 
ments and organizations any rules were adopted 
too strict or stringent to be generally enforced, 
or too severe on the honest immigrant, to have 
given their potent aid and influence in modifying 
the same, so as to have carried most useful results 
to our beloved South? But it haa been theij 
pleasure to pursue a difierent course, and the re- 
sults thereof have, in no small degree, contributed 
to the embarrassing circumstances that now seem 
to gather around us and swallow up our influence 
in the National Council. The argument has been, 
"settle and populate the Territories," forgetting 
the fact that iu the last seventy-five years our 
population has increased from three to some 
twenty-seven millions — ninefold — and if the same 
ratio of inerease shall obtain for the next seventy- 
five years, the result will be nine times twenty- 
seven millions — showing how important these 
Territories may be (sold at reasonable prices paid 
into the treasury,) for the homes of our own pos- 
terity, aud of honest worthy foreigners, who 
come to us as they did in former days, from a love 
of our free government, and who are willing to 
settle among us, sure of being protected in all 
their rights of religion and property, and who are 



3 



willing to wait uutil they have uuderatood and 
become )amiiiar with our people and their institu- 
tion? beibsc claiming the right to participate in 
Lieir government. 

These suggestions I have made to Southern 
gentlemen here, and throughout the slave States:, 
that on reflection they may determine whethei; 
they have not been remiss in failing to come to 
the aid of a cause quite material to Southern in- 
fluence and Southern interests. 

I was very much entertained, Mr. Chairman, by 
the speech of the gentleman from Lousiana [Mr. 
SandidgI] and, if I iiad time, I should like to incor- 
porate at least half of it in mine, to show, in ad- 
dition to the millions that have already come, how 
many more millions of paupers are to come under 
our present systum of inviting them to come here. 

But, Mr. Chairman, what is it that we have 
been discussing here for the Ir.st ninety days? 
This discussiou has been either intentionally or acci- 
dentally conducted so as to bring out the extreme 
sectional views of gentlemen from the South 
and from the North. It is only within the 
kwt eight or ten days that any conservative man 
Las been permitted to address the House on this 
agitated question. It is said that this is a ques- 
tion whether any more slave States shall come 
into this Union, and speech after speech is made 
.and sent to the South to tell the Southern people 
that yte are solemnly debating in the House of 
Representatives the naked question whether any 
more slave States shall come into the Union, 

Why, Mr. Chairman,' if that were true, if that 
were the only question here, it might have been 
settled within twenty-four hours after this debate 
commenced. If that were the only question, I 
take it that all our American friends would vote 
for it, every man from the South would vote for 
it, I know that our Douglas Democrats would vote 
for it, and I ain inclined to think that the Free- 
Soil wing of the Democracy — these Buifalo-plat- 
form men— could be got to vote for it, with a 
Grken amendment. That is my opinion; 

But, Mr. Chairman, is that the question ? On 
what has this debate arisen ? On the special mes- 
sage of the President. Does he say that whether 
there shall be any more slave States is the ques- 
tion ? No sir ; that message, as I understand it, 
means those two things — and it means nothing 
more and nothing less — to the South, " come in Ln- 
compton," and to Northern gentlemen, " it is the 
surest and readiest way, and the only certain way, 
in which you can confiscate .Southern property 
and get clear of negroes in Kansas." I have 
ii^t 'ued to gentlemen here professing great regard 
for the interests of the South, and, whilst all| of 
them have been eloquent on the first part of the 
picture, they have all, save aud except a gentle- 
man from the chivalrous State of South Carolina, 
passed over that portion as tenderly as sucking 
doves. [Laughter.] I will read from the Presi- 
dent's message, in order that there may be no mis- 
take abcmt : 

" As a question of expediency, after the right 
' has been maintained, it may be wise to reflect 
' upon the benefits to Kansas and the whole coun- 
' try which would result from ;t9 immediate ad- 
' mission into tlie Union, as well as the disasters 



I * which may follow its rejection. Domestic peace 
' will be the happy consequence of its admission : 
' aud that tine Territory, which has hitherto been 
' torn by dissensions, will rapidly increase in popu- 
' lation aud wealth, and speedily realize the 
' blessings and the comforts which follow in the 
'train of agricultural and mechanical industry. 
' The people will then be sovereign, and can ; e- 
' guiate their < wn affairs in their own way. If 
'a majority of them desire to abolish domestic 
'slavery within tiie Sut(?, there is no other pos- 
' sible mode by which this can be effected co 
' speedily as by prompt admission. The will of 
' the majority is .-upreme ;iud irrestible when ex- 
' pressed in an orderly and lawful' manner. They 
' can make and unmuke constitutions at pleasure. 
'It would boabsuid to say that they can impose 
' fetters upon their own power which they cannot 
'afterwards remove. If they could do this, they 
' might tie their y. n hands for a hundred as well 
' as for ten years. The.se are fundamental princi- 
' pies of American freedom, and are recognized, I 
' believe, in .«oiuo form or other, by every State 
' constitution ; and if Congress, in the act of ad- 

* mission, should think proper to recognize them, 
' I can perceive no objection to such a course. 
' This has been done emphatically in the constitu- 
' tion of Kansas, it declares in the bill of rights 
' that 'all political power is inherent in the people, 
' and all free governments are founded oa iheir au- 
•thority, and instituted for their benefit, and tberf- 
' fore they have at ail times an inalienable and in- 
' deafeasible right to alter, reform, or abolish thrir 
' form of government in such manner as tbey may 
' think proper.' The great State of New York is 
' at this moment governed under a constitution 
'framed aud established in direct opposition to tlie 
' mode prescribed by the previous constitution. 
' If, therefore, the provision changing the Kan.sas 
' constitution after the year 1864, could by po^- 
' sibility be conbtrued into a prohibition to make a 
' change previous to thnt period, this prohibition 
'would be wholly, unavailing. .The Lef:islature 

* already elected may, at its very first session, 
' submit the question to a vote of the people 
' whether they will or will not have a convention to 
' amend their constitution, and adopt all necess-^'^- 
' means for giving effect to the popular will. 

" It has been solemnly adjudged, by the hi"^ 
'judicial tribunal known to our laws, th^t si; 
' exists in Kansas by virtne of the Corif-titutio. 

* the United States. Kansaa is therefore, Hti. 

, moment, as much a slave State as Oeorgta » 
J South Carolina. Without this, the (quality o 
J the sovereign States composing the Union would 
^ be violated, and the use and enjoyment of a Ter- 
j ritory acquired by the common treasure of all 
the States, would be closed against th" people 
aud the property of nearly half the membars of 
' the confederacy." 

And then he concludes with this v«ry cheering 
doctrine for Southern men and Southern interests: 

" Slavery can, therefore, never be prohibited in 
' Kansas, except by means of a coustituiional 
' provision, and in no other manner can this be 
' obtained so promptly, if a majoiity of ihe people 
' desire it, as by admitting it into the Union nn- 
' der its present constitution." 



The President poiatB out the way in advance. I 
He stimulates the Free-Soilers in Kansas to dislike 
the constitution. He requests this prompt means 
of getting slavery out of Kansas to bo recognized 
in the bill of admission. 

Here is the message. I submit it to the Chair- 
man, to the Committee, and to Southern men — sup- 
pose, that instead of having the name of James 
Buchanan attached to it, it had had the name of 
the distinguished gentleman from Ohio, Joshua 
R. GiDDiNGS at the end of it, I ask, if that name 
bad been attached, whether it would not have 
been an entirely different case ? We would pro- 
nounce it a rank abolition document. And yet, 
sir, our Southern friends come up here and talk 
about associating with Abolitionists, and of hug- 
ging Abolition doctrines as a sweet morsel ! Why, 
Mr. Chairman, the whole thing in that message is, 
" in with Kansas — out with slavery in Kansas" — 
and identically the same thing is in the Senate bill, 
that the South is called upon to rally as one man to 
the support of. I have asked many of our Lecomp- 
ton friends if this Green amendment, which they 
have got in the bill, speaks the language of this 
message ? Some say no, others Siiy it does ; and 
there is another class who give the answer the 
girl gave to her mother, when asked, if a certain 
gentleman was courting her ; she replied, " it is a 
norter so, and a sorter not so, and rather more a 
Rorter so than a sorter not so." [Laughter.] Now, 
that amendment is a very little thing — only a few 
Unes. There is not much of it, but I tell you I 
never read it over but it reminds me very much 
of the boy who was scolded for not making the 
])Otatoe hills on a wet morning large enough. 
•' Well dad," said he, " it is a fact that they are 
pmall, but I tell you they have got a darned sight 
of dirt in them." [Laughter.] Sir, if this is a 
pill gilded over to make it acceptable to some 
Green men. Southern men ought to be ashamed 
ol it. I know that this peculiar policy is prac- 
tised in our little electioneering scuffles in our 
country, and I suppose everywhere else, but 
I never supposed it ought to obtain in the 
Congress of our nation. Once when I charged 
a friend of mine with having said some foolish 
things in a speech which he had made, and told 
him that I thought he had hurt our cause, he said: 
" Ah, Gilmer, you do not kRow the folks as well as 
1 do. A great many people are like a nest of 
young birds, if you tap the side of the tree, they'll 
open their mouths, and swallow the worm down." 
[Laughter.] Southern men supposed that we had 
got something by the Dred Scott decision. I, for 
one, as a Southern man thought we had obtained 
Homething ; I thought that we had got upon safe 
ground ; that we had perfect equality in the Ter- 
ritories ; that we could go there with our institu- 
tions and our property, and be just as safe there 
as the men who go there from any other section 
with any other species of property. But if this 
is the meaning, if this is the result of the Dred 
Scott decision, then those of us who go into the 
Territories with our slave property, have to run 
two chances — first that the people may exclude us 
when they come to foim iheir constitution, and if 
they do not run us out at first, then whenever the 
majority of the people desire it, they may run us 
and our negroes out. And this iw the doctrine 



upon which the South is to stand — this is the 
doctrine, mark you, which Alabama and other States 
are to go out of the Union on, if they cannot get. 
It is not from any objection to the constitution of 
Kansas that I, as a Southern man, oppose her ad- 
mission. I would be pleased that we could fairly 
and properly get slavery permanently in Kansas. 
But I object to this doctrine, that we can be pro- 
tected in our property while in partnership, du- 
ring the Territorial state, but the moment we be- 
Gome an incorporation — a State — every man that 
owns joint stock is instantly liable by constitu- 
tional provision 1o have his property confiscated. 
And this is the doctrine which we have been told 
here, month after month, and day, after day, that 
every Southern man must stand upon, otherwise 
he is an Abolitionist and opposed to the interests 
of the South ! 

Mr. Chairman, what is the question which has 
agitated the country for the last four years ? It is 
one that has taken up the entire attention of Con- 
gress. We have been figuring about it until, I 
believe, not only the country but the Government 
itself is upon the verge of bankruptcy. This ques- 
tion commenced with two faces — one for the Fre^ 
Soil Democrats of the North, and one for the 
South ; and the same identical double face is in 
this bill, and I will detain the Committee only for 
a moment, while I refer thom to some history of 
it. We had our troubles some years ago, grow- 
ing out of the discussion of the compromise mea- 
sures. In January, 1851, the venerable fathers of 
the land, Whigs and Democrats, gathered together, 
with Henry Clay at their head, and drew up a 
pledge to the country that from and after that day 
their influence would be exerted against every 
man for office. State or Federal, who would re- 
fuse to stand upon the platform of the adjustment 
measures of 1850. The people rallied to that 
standard. The Democratic convention met in 
Baltimore, in 1852; the Whig convention met at 
the same place', and they both bowed down at the 
same altar of peace upon this agitating question. 
They re-affirmcd in substance what Mr. Fillmore 
said in December, 1851, that this compromise of 
1850 should be a finality, and there should be no 
more agitation of the slavery question in or out of 
Congress. To that both of the great leading par- 
ties were pledged to the country. They put their 
candidates upon that platform. General Pierce 
was elected. He was installed. Unfortunately, 
however, he in a short time made some injudi- 
cious appointments; he turned out the true Dem- 
ocrats of the North, men who I am proud to find 
standing in the same ranks they did then. Van 
Buren, Dix, Cochrane & Co., the Buffalo plat- 
form men, were then coming in, and the party was 
about to break up. Something had to be done. 
The Administration was going down. A prescrip- 
tion had to be made. It was given — and on the 
principle that you prescribe to one choked with a 
turnip, get him to swallow a pumpkin, and it 
would relieve him. [Laughter.] They went upon 
this Cincinnati piatfoim. I am not going to de- 
tain the Committee to show how our friends viewed 
it in the South. That is well known. I desire to 
show how the matter stands with the Administra- 
tion, to show what the Democratic Free-Soilers 
said before, afterwards, asid all the time. A fV-v* 



months before the Cincinnati convention met, a 
distinguished Free-Soiler wrote to the North. Mr. 
Hubbard, Mr. Woodbury, and all these noisy men 
of the Bufialo convention, began to give evidence 
that they wanted to return to their friends. Here 
is'one ; I give it as a (air specimen of their letters 
and speeclies. It is the letter of Hon. C. C. Cam- 
breling : 

"Huntington, December 8, 1855. 
"William H. Ludlow, Esq. : 

*'Mt dkar sir: Even Southern men in Kansas 
'acknowledge that it will inevitably be a free State. 
'This is the last strugglk for slavery ; for the 
'half dozen Territories remaining are already free 
*and will remain so. 

"There would not have been half the trouble 
' about Kansas, but for Atchison's struggle to get 
' back into the Senate. As the question now stands, 
'there ought to be no difficulty whatever in unit- 
'ing the Democratic party — for the principle of 
'the Nebraska and Kansas bill — sitqatter sover- 
' eignty — whatever its origin, gives us every Terri- 
' tory belonging to the United States — and all we 
' have now to insist upon is, that it shall be honest- 
' ly enforced — that Kanses shall have fair play. 
' Practically there is no difference worth quarreling 
' about. 

" It appears to me to be perfectly absurd for us 

* to be grumbling about ' squatter sovereignty ' at 
' the present time, when squatter sovereignty will 

* make free every inch of territory now belonging 
' to the United States. 

" After the acquisition of California, with the 
' prospect of the addition of more Mexican terri- 
' tory, when Gen. Cass proposed the doctiirie of 
' non-intervention, it was an important question, 
' as it might have led to the introduction of many 
' slave States ; but after the South had been com- 
' pletely checkmated by California's declaration in 
^ favor of freedom, we had 710 reaxon to object to the 

* doctrine of nonH7iterventio7i, or xrpiatter sover- 
' eigniy. We have now, besides Kansas and Ne- 
' braska. New Mexico, Utah, Minnesota, Oregon 
' and Washington, making seven Territories, which 
' will give us seven free States. Some think the 
' fate of Kansas doubtful, but the invasion of the 
' Missouri rowdies, independent of natural causes, 

* will make it a free State. These borderers came 
' over first to vote for pro-slavery men — the sec- 
' ond time to vote against them in the location of 
'the Capital — and tiie third time to make a blus- 
' ter under Shannon, phmder the people, and drink 
' whisky. 

"Under such circumstances I cannot conceive 
' wbat we can possibly gain by resistintr a principle 
' which has hitherto excluded slavery fro7n our Ter- 
' ritories. 

"The slaveholders will not get Kansas, and they 
' are now deprived of the pretext ongoing into the 
' Territories south of thirty-six degrees thirty min- 
' utes, under that compromise. Tliey generally op- 
' posed no;i-intervention on that ground, and con- 
' tended for carrying the compromise line to the 
' Pacific ocean. It in certai7ily not for our interest 
' noxo to have that compromise Ihie restored. Why 
' the South should have voted for its repeal is a 
' question for themselves to settle. They all, at the 

* time, admitted that Kansas would never be a slave 



' State. I hope our friends will meet the issue 
' boldly, and leave the question of State organiza- 
' tion to the people of the Territory, who have the 
' natural and best right to decide for themselves. 

'^ Let iiiE squatters settle — but insist that that 
' principle of the Nebraska act shall be honestly 
' cariied out; that the squatters shall have fair play, 
'and shall not be controlled by invaders from Mis- 
' soui'i, or any military power whatever. As to 
' 'more slave States,' there are none in prospect; 
' and it is useless to embarrass ourselves by antici- 
' pating questions which may or may not arise." 

Now, sir, these two wings are standing to-day 
exactly where they stood before. Tell me, if you 
please, why these men you are hugging to your 
bosom on the other side, stand with you ? these men 
who were, and now are, rank Free-Soilers ? Tell 
us why the Green amendment is admitted ? Which 
would you rather have for your bed fellows ? I 
tell you the difference is very much like the slave's 
reply when asked whether Jim and Mose were not 
very much alike? He said, "Yes, very much alike, 
indeed; and particularly .M)*e." [Laughter.] It 
is not so much, I fear, that they caie about getting 
negroes into Kansas, or getting them out. It is 
not any principle of this kind. It is, I apprehend, 
a mere contrivance by which jobbing has been car- 
ried on in this country to keep certain men in 
power. In fact this whole management and shuf- 
fling reminds me of what occurred in one of our 
North CaroHna towns some years ago. A silly fel- 
low declared himself a candidate for town consta- 
ble. The boys had a circular printed for him. It 
was printed on both sides like this — with Lecompton 
on one side, and Green upon the other. On one 
side, he addressed himself to the debtors : " Fellow- 
citizens, vote forme, and if I am elected constable, I 
will never force you to payment, even at any ex- 
tremity." On the other side was an address to the 
creditors: "If you will come up and vote for me, 
and I shall be elected, I promise, upon my honor, 
I will have your money paid, in every instance, at 
the drop of a hat." 

Mr. Chairman, I am not disposed to detain this 
Committee with a review of the decision of the 
Supreme Court in the Dred Scott case. All I have 
to say is this: that my views upon the constitu- 
tionality of the Missouri compromise were known 
long before that decision was made ; and I thought 
that the compromise was not in accordance with 
the spirit of the Constitution. Although my opin- 
ion inclines to that of the Supreme Court, and did 
before the decision was made, yet, from the length 
of time it had been a compromise, I was disposed 
to look uponjit as a compromise which had better 
be abided by. As in tht! case of two neighbors 
whose boundary line i.s in dispute — a boundary 
which can only be settled by the provisions of a 
deed, and no agreement they might make by parol 
would change the line fixed by the deed, any more 
than any agreement between two sections of the 
count'-y by Congress, could be changed. But when 
the neighbors have established a line b}' parol agree- 
ment, staked and chopped it off, and have lived in 
peace, harmony, and prosperity under it for more 
than thirty years, if they should come to me and 
ask my advice, whether they should break up this 
old landmatk — now the true line being ascertained 



6 



by the deed— and go back to their rights accord- 
ing to law, I should say, as a man, a neighbor, and 
fis^a Christian, also, that they had better let the old 
landmarks stand and abide by them ; and by no 
means revive old disputes and quarrels. So with 
the case of this Missouri compromise. I do not 
believe the South is going to gain anything by its 
repeal, and I firmly believe that the only reward 
the South will ever get from its repeal will be to 
her injury^ and anything but an advantage to her 
true interests. 

But itissaid thatthe only way to pacify the coun- 
try is to admit no amendn.ents to this bill; that it 
cannot be bettered ; that in no way can it be im- 
proved ; that it has got to be passed in the shape 
in which it is presented, even though a proposition 
should be presented, which, if carried out, would 
more effectuallly pacify and quiet the country and 
settle the whole question. Why, say they, it would 
be intervention. Now, let me detain the Commit- 
tee a moment to show ridiculous that idea is. 
What is this thing of nonintervention ? Why, is 
it intervention to leave the people of a Territory 
perfectly free and untrammeled to settle this, with 
all other questions, in their own way, fairly and prop- 
erlv, subject only to the Constitution of the United 
States? 

Now sir do wc consider it any intervention, m 
the case of a trial by jury, after the verdict is 
announced, to set the same aside , and grant a 
new trial upon affidavits whicli clearly prove and 
sati.-fy the judge that the verdict was obtained by 
fiaud', by peijury, by deception, or by any mal- 
practices ? Is it any intervention for an honest 
and conscientious judge, after being satisfied of 
the facts by reliable affidavits, to say that he doubt- 
ed whether the verdict had been fairly obtained, 
and in the exercise of the discretion which is vest- 
ed in him, decide to grant a new trial, in order 
thi)t ju:^tice might be done ? Is that an inter- 
ference with tiio right of trial by jury ? And 
suppose a jury is empanneiled to settle the ques- 
tion, and they come back to the judge, and one 
of the jury gets up and says the verdict is so and 
so, and another says it is not so, and the judge 
tells them, "gentlemen, you had better retire, get 
together again and consult, and agree upon your 
verdict, and, when you come in, it will be record- 
jjd" — is that any ioteference ? I wanted to show 
how ridiculous this idea is. Is that intervention ? 
What are Green's and Pugh'r amendmei.ts? Let 
our Northern anti-slavery men, of ali parties, un- 
derstand that the President of the United States 
has given a true construction to the Dred Scott 
decision, and you will never have an /^ more fuss 
about this niatter from them. The Tiesidcnt 
says it means that when tlie people of any State 
see proper to get together in a h'gal way, to get up 
a convention sanctioned by law, a mei-e majority 
vote of their assembly Free-Soil, they may form a 
constitution and the negroes will all slope. That 
is "iving the Abolitionists a new cue, and one 
wliich will run out the institution of my beloved 
section from all the Territories, certainly, and en- 
danger it i;i many of the States. 

Mr. Chairman, I desire to look upon this ques- 
tion without reference to any section, or how it will 
offset any body other than the general gnod and 
peace of the wiir,lr -oiiiu- , If ii- r^rl;,-- .,i..,, |.t,,, 



be devised and agreed on, I may feel myself con- 
strained to vote lor the measure, being urged by 
Southern friends and sectional pressure. And if I 
do, the Gr.EEN amendment stricken out, it will not 
be (and I say it here,) a measure which my sound 
judgment can approve as the better plan. If I could, 
I would put the whole responsibility upon the De- 
mocracy, where it belongs, for I do believe if 
they would relax a little, and honestly set their 
heads to vrork with our Southern friends and other 
conservative men in this House, this whole mat- 
ters might be put upon a footing entirely satisfac- 
tory to the South — to the East— to the West — to 
the North — satisfactory to the people of Kansas — 
and without any compromise of any principle — 
substantially in the manner indicated by nie here- 
tofore. 

I must say that when I hear it asserted here, 
and everywhere, and the pi'oofs strongly tending 
to show that the government of Kansas was, in the 
first instance, ruthlessly snatched from the people, 
un( onstitutional test oaths applied, by which the 
minority, who by fraud olvcained the control of the 
government, and by which the majority were kept 
from participating in the government — when I am 
told — and the proof tends that way — that not 
more than one-half of the counties of the Terri- 
tory were permitted to be represented in tbe con- 
vention, I doubt the propriety of supporting the 
constitution framed thus. I dissent from the idea 
that a majority of the counties of auy State can 
make a constitrtion that is binding on the minority 
of counties who did not have a chaoce to be rep- 
resented in the convention. Why have you more 
judges than one ? It is not simply for tbe sake of 
numbers, but that there may be conference, ar- 
gument, interchange of views. We inay be to- 
day all inclined one waj', and to-moriow a greater 
and ))etter mind than any of us, representing but 
one district, may make a suggestion sufficient to 
change the opinion of the whole Congress. We 
know that the election of the -ith of January 
was recognised by the Secretary of State, who. 
gave instructions that that very election should 
be fairly held, and tlie votes fairly and impartially 
taken ; that vote turns out to be over ten thousand 
against the constitution. We are told, toti, ami 
assured, that the Legislature of the Territory, 
representing the will of the people, are unani- 
mously protesting against this thing; and we are 
also told that the whole constitution rests on 
fraud, deception, and violence. And, permit me 
to say, further, as a Southern man, that wh.^n I see 
my Southern fiiends on the Special Committee in 
this niatter, declining to obey tiie instructions of 
the House, and shrinking from inquiry, it leaves 
the suspicion stronger on )-:py mind that these re-, 
ports are true. I hope that they are not. I hope 
that the deeds perpetrated there have not been so 
horrible as they have been represented; but when 
I see chivalrous gentlemen from ray own section 
of the Union tiu'ning their bick upon an investi- 
gation, and saying that we had better not look 
into these things, I take ic for granted that there 
is more in these assertions than I before sup- 
posed. But, sir, this Special Committee was di- 
rected to do another thing. That was, to tell us 
whether this Territory had within its confines 
ni)\ctv-tliree thousand inhnbitants Now. T ask 



t 



yvprv man liere, on wli&t lii^ure?, and on wlial 
Evidence, he can sati:?fy bis mind that there are 
/ninety-three thousand in Kansas? What was the 
last census? 

Mr. SHERMAN, of Ohio. Twenty-throe tlio'i- 
sand. 

Mr. GILMER. How long ago was that ? 

Mr. SHERMAN", of Ohio. Last June. 

Mr. GILMER. Then wliere, I appeal to South- 
ern men, do you get the requisite ninety-three 
thousand population? But they come i'orward 
and say that the Republicans wanted to have 
Kansas admitted under the Topeka constitution, 
and therefore they are estopped. And they also 
say that at the last Congiess our Democratic 
friends undertook to pass an enabling act, and 
therefore they are estopped. Well, that may apply 
to the Republicans, and may get them out of 
court. It may very well apply to our Democratic 
Southern friends, and turn th?m out of court. 
But what are they going to do with the poor 
Americans? We say that the Republicans were 
mistaken, and that that v.-as only a movement of 
intemperate zeal. We want to know what the 
facts are. I venture to say that there are not four 
individuals there to every single voter. The ex- 
perience of this country shows that in a territory 
where there are but few females, and few old or 
very young persons, the voters are in the ratio of 
not more than one to every three or four. Well, 
now, take the ten thousand voters and multiply 
that figure by three — you have but thirty thousand 
of population there. Multiply it by four, and you 
have but forty thousand. Multiply it by five. 



&ud you hiivc but fifty thouKund. .MuUjply it by 
six — what We ail know is far beyond the ratio— 
and you have only got sixty thousand. And yet 
here are Southern gentlemen — men who want to 
protect th6 equality of Southern representation in 
(.^ougress — coming forward here in hot haste and 
denouncing as an Abolitionist every man who will 
not consent to allow the thirty thousand or forty 
thousand quarrelling people of Kansas to come in 
as a State, and to send here two Jim Lanes and 
somebody else like ihem, to vote in the Congi'ess , 
of the United States ; and that all for Sotithern 
interest! 

That, mark you, is advancing the great in- 
terests of the South ! I know there is not a man 
here who can say that he has evidence that there 
is a population of ninety-three thousand people in 
the Territory of Kansas. The fact is not so; and 
the fact that our Southern friends, having the 
control of the Special Committee, declined to in- 
quire into that important point, proves that it is 
not so. 

But, Mr, Chairman, permit me to say, in con- 
clusion, that we are not left in the dark, and without 
precedents as the proper course to be pursued in 
a difficulty of this kind. Kentucky, after several 
attempts, was admitted into the Union and al- 
lowed to frame her constitution subsequently, in 
her own way. So I believe now, that Kansas 
should be allowed to come into the Union, and 
that she should be allowed to settle this question 
and frame a constitution for herself. Do this, and 
Kansas will be satisfied — the House will be satis- 
fied — and the whole Union will be satisfied. 



WASHINGTON, D. C. 

C. W. FENTON, PRINTER, AMERICAN OFFICE. 

1S58, 



LIBRARY OF CONGRESS 



016 088 944 5. 



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